State v. . England
Supreme Court of North Carolina
This was an indictment for raeoeny, in stealing a shirt, tried before Osbobne, J., at the last Pall Term of McDowell Superior Court.
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This was an indictment for raeoeny, in stealing a shirt, tried before Osbobne, J., at the last Pall Term of McDowell Superior Court. The jury found the following facts as a special Verdict, viz -: u The defendant is indicted for stealing a shirt; the article alleged to have been stolen, was, with other articles, in a carpet bag, which was lost by the prosecutor on the highway, leading from Morgantón to Marion; the defendant resided on the highway-, and the prosecutor in passing his residence, informed the defendant that, between his house and that of one William Murphy, who lived on the same…
1Opinion of the CourtBattle, J.
It is conceded, and, as we think, properly, by the Attorney General, upon the facts found by the special verdict, the defendant is not guilty of stealing the shirt of the prosecutor, as charged in the bill of indictment. The taking of the carpet bag, in which the shirt and other articles were contained, was not a trespass, because it was done by the express directions of the owner, and the defendant, instead of being a trespasser, by such taking, became a bailee of the article, for the purpose of carrying and delivering it to a certain person in the village of Marion. The subsequent…
2Cited by3 opinions
- State v. . MacRaeSupreme Court of North Carolina · 1892
- State v. RuffinSupreme Court of North Carolina · 1913
- State v. MooreCourt of Appeals of North Carolina · 1980